Restitution and Offender-Victim Arrangement in German Criminal Law: Development and Theoretical Implications

Frehsee, Detlev

doi:10.1525/nclr.1999.3.1.235

Cited by 6 publications

(3 citation statements)

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“…In polarization and reasoning mediation mechanisms, insofar as they are shared by the parties (suspects and victims), and to achieve a broader interest, namely the maintenance of social harmonization. 11 The existence of customary law in addition to being known in national legal instruments is also regulated by international instruments. The provisions of Article 15 paragraph (2) of the International Covenant on Civil and Political Rights (ICCPR) state that, "Nothing in this article shall be the trial and punishment of any person who acts or who, at the time when it was committed, was criminals according to the general principles of law recognized by the community of nations ".…”

Section: Existence Of Customary Courtsmentioning

confidence: 99%

Customary Justice Model in Resolving Indigenous Conflicts in Merauke Regency Papua

Silambi

Alputila

Syahruddin

2018

MuLaRev

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ARTICEL INFOThe background of the keyword is the agenda of customary justice in the government which is clearly burdened by rules that are recognized and carried out well, making it possible to provide recognition of the prevailing customs in the community. The "confession" here is formal approval. The focus of the research is the implementation of customary justice in Papua in terms of Law Number 21 Year 2001 concerning Special Autonomy for Papua. The research objective is to design or formulate a model of customary justice in Papua. The target of the study is to get the right model of customary justice that is understood in their decisions in solving problems that occur in Papua. Merauke. Method research in this research is qualitative research. The research conducted is learning, literature, taking data and interviews in depth. After that the data obtained are described and analyzed with quantitative methods to formulate economic empowerment models. The results of this study are the existing customary models, so that in the context of customary cases there are also cases where adat cases can be issued by the community.

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Section: Existence Of Customary Courtsmentioning

confidence: 99%

Customary Justice Model in Resolving Indigenous Conflicts in Merauke Regency Papua

Silambi

Alputila

Syahruddin

2018

MuLaRev

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“…In some ways, this should not come as a surprise as criminal courts are normatively concerned with the punishment of the offender in the name of the state. It is thereby feared that infusing the victims' reparatory interests within the public function of the criminal justice system would create fresh tensions and ambiguity concerning the function and organization of both civil and criminal law (Frehsee, 1999).…”

Section: Reparationmentioning

confidence: 99%

Enriching trial justice for crime victims in common law systems

Doak

2015

International Review of Victimology

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“…While the independence and objectivity of the judiciary is generally unquestioned, even a few well-publicized and contentious allocation awards could seriously jeopardize the overall legitimacy of the court system. Germany has experimented with charitable sharing in criminal cases, and its experience has proven positive (Frehsee, 1999). German judges retain considerable discretion in distributing the proceeds of criminal penalties, able to allocate fines to the treasury, to charities that have applied for inclusion on an eligibility list, and sometimes even to charities that are off the list (Harant and Köllner, 2000).…”

Section: Administration Of Charity Awardsmentioning

confidence: 99%